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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Individualisation of interests under the customary land law of Ghana
Author:Agbosu, L.K.
Year:1981
Periodical:Review of Ghana Law
Volume:13-14
Pages:35-50
Language:English
Geographic term:Ghana
Subjects:reception of foreign law
customary law
land law
External link:https://heinonline.org/HOL/Page?handle=hein.journals/rvghana13&id=45
Abstract:The withdrawal of the Public Lands Bill of 1897 marked the beginning of a trend in the evolution of customary schemes of tenure in which the tendency was to regard the interest which an individual member of a land-holding community acquires through the exercise of his inherent community membership right as involving the absolute acquisition of the land to which his interest relates. Today, some students of the indigenous law would even go so far as to assert that the customary schemes of interest in land can now be regarded as approximating to a freehold title on the same footing as the term is understood under English law with its connotations. What has never been seriously considered by those who advocate individualisation of interests under the traditional system, however, is the likely effect which such changes in the tenure system will have on the socioeconomic and political value systems of the indigenous schema. This article highlights the way in which the judiciary has influenced the direction of policy towards individualisation without regard for the socio-economic implications. This is illustrated through the notorious case of Lokko v. Konklofi. Notes.
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